Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device (AOBRD) Information, 59664-59665 [2015-25135]

Download as PDF 59664 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations geographic features, station transmitter sites, cable system headend or satellite carrier local receive facility locations, terrain features that would affect station reception, mileage between the community and the television station transmitter site, transportation routes and any other evidence contributing to the scope of the market. (2) Noise-limited service contour maps (for full-power digital stations) or protected contour maps (for Class A and low power television stations) delineating the station’s technical service area and showing the location of the cable system headends or satellite carrier local receive facilities and communities in relation to the service areas. Note to paragraph (b)(2): Service area maps using Longley-Rice (version 1.2.2) propagation curves may also be included to support a technical service exhibit. asabaliauskas on DSK5VPTVN1PROD with RULES * * * * * (5) Cable system or satellite carrier channel line-up cards or other exhibits establishing historic carriage, such as television guide listings. (6) Published audience data for the relevant station showing its average all day audience (i.e., the reported audience averaged over Sunday– Saturday, 7 a.m.–1 a.m., or an equivalent time period) for both multichannel video programming distributor (MVPD) and non-MVPD households or other specific audience indicia, such as station advertising and sales data or viewer contribution records. (7) If applicable, a statement that the station is licensed to a community within the same state as the relevant community. * * * * * (d) A cable operator or satellite carrier shall not delete from carriage the signal of a commercial television station during the pendency of any proceeding pursuant to this section. (e) A market determination under this section shall not create additional carriage obligations for a satellite carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by means of its satellites in operation at the time of the determination. (f) No modification of a commercial television broadcast station’s local market pursuant to this section shall have any effect on the eligibility of households in the community affected by such modification to receive distant signals from a satellite carrier pursuant to 47 U.S.C. 339. ■ 5. Section 76.66 is amended by adding paragraph (d)(6) and revising paragraph VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 (e)(1) introductory text to read as follows: § 76.66 Satellite broadcast signal carriage. * * * * * (d) * * * (6) Carriage after a market modification. Television broadcast stations that become eligible for mandatory carriage with respect to a satellite carrier (pursuant to § 76.66) due to a change in the market definition (by operation of a market modification pursuant to § 76.59) may, within 30 days of the effective date of the new definition, elect retransmission consent or mandatory carriage with respect to such carrier. A satellite carrier shall commence carriage within 90 days of receiving the carriage election from the television broadcast station. The election must be made in accordance with the requirements in paragraph (d)(1) of this section. (e) Market definitions. (1) A local market, in the case of both commercial and noncommercial television broadcast stations, is the designated market area in which a station is located, unless such market is amended pursuant to § 76.59, and * * * * * [FR Doc. 2015–24999 Filed 10–1–15; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device (AOBRD) Information Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of regulatory guidance. AGENCY: FMCSA issues regulatory guidance concerning the editing of records created by automatic on-board recording devices (AOBRDs). The guidance makes clear that, within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information. The AOBRD must retain the original entries, and reflect the date, time, and name of the person making edits to the information. Drivers’ supervisors may request that a driver make edits to correct errors, but the driver must SUMMARY: PO 00000 Frm 00116 Fmt 4700 Sfmt 4700 accept or reject such requests. Driving time may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. All prior Agency interpretations and regulatory guidance on this subject, including memoranda and letters, may no longer be relied upon to the extent they are inconsistent with this guidance. DATES: This regulatory guidance is effective October 2, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, phone (202) 366–4325, email MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: Legal Basis The Motor Carrier Safety Act of 1984 (Pub. L. 98–554, Title II, 98 Stat. 2832, October 30, 1984) (1984 Act), as amended (codified at 49 U.S.C. 31136(a)) authorizes the Secretary of Transportation to regulate commercial motor vehicles (CMVs) and equipment, and the drivers and motor carriers that operate them. Section 211 of the 1984 Act also gives the Secretary broad power to ‘‘prescribe recordkeeping and reporting requirements’’ and to ‘‘perform other acts the Secretary considers appropriate’’ (49 U.S.C. 31133(a)(8) and (10)). The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(f) to carry out the functions vested in the Secretary by 49 U.S.C. chapter 311, subchapters I and III, relating to CMV programs and safety regulation. Background Motor carriers began to use automated hours-of-service (HOS) recording devices in the mid-1980s to replace paper records. The Federal Highway Administration, the agency then responsible for the motor carrier safety regulations, published a final rule in 1988 that defined Automatic On Board Recording Devices (AOBRDs) and set forth performance standards for their use (53 FR 38670, September 30, 1988, codified at 49 CFR 395.15). Question 2 of the regulatory guidance for § 395.15 prohibits CMV drivers from ‘‘amending’’ AOBRD records of duty status (RODS) during a trip; the guidance was published on April 4, 1997 (65 FR 16370, at 16426). The reason for the prohibition—‘‘If drivers, who use automatic on-board recording devices, were allowed to amend their record of duty status while in transit, E:\FR\FM\02OCR1.SGM 02OCR1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations legitimate amendments could not be distinguished from falsifications’’—was to block a pathway for drivers to falsify their electronic records. At the time the guidance was written, most AOBRD systems required the driver to physically deliver his or her electronic HOS information to the motor carrier using removable media such as a data disk. The Agency may have been concerned that some of those early AOBRD systems might not have incorporated audit trails into their software. Over 25 years have passed since the AOBRD rule was published. Many systems now allow electronic transfer of data from in-cab units to a support system. Thousands of motor carriers and hundreds of thousands of drivers are using HOS recording systems that far exceed the minimum performance requirements for AOBRDs. Information technology systems can place very precise controls over the data revision; e.g., specific data elements can be ‘‘locked’’ to prevent any revision once an entry has been made. They also routinely incorporate audit trails to indicate who revised data that was originally entered, when the revision was made, and the reason for the change. FMCSA acknowledges that drivers need to be able to make legitimate corrections to their electronic AOBRD records. For example, if a driver erroneously enters ‘‘off duty’’ when he or she actually is on duty/not driving, and realizes this error later, under current guidance the driver would have to relay this information to a supervisory motor carrier official, and that official would need to edit the driver’s record. In another example, a driver might need to enter on-duty activity performed when the driver was away from the CMV. With the steady increase in CMV drivers using AOBRDs, and the ability of software to note edits without deleting the original record, the need for a driver to make this request through another party is no longer necessary and is becoming increasing less viable. Therefore, as long as the AOBRD record reflects both the original entry and the revised entry, along with information on who made the revision, the date and time, and the reason (in the Remarks sections, see current Question 2 to § 395.15), FMCSA will now allow these edits. However, FMCSA continues to prohibit drivers from editing records related to driving time, except in limited circumstances. Driving time may not be edited except in the case of unidentified or team drivers, and when driving time VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 was assigned to the wrong driver or no driver. Such time may be reassigned to the correct driver. Staff of the motor carrier or its electronic systems provider may request that a driver make edits to correct errors. The driver must accept or reject such requests and the AOBRD must record the transaction. If the driver edits the record based on the request, he or she must re-submit and re-certify the corrected record. In all instances of editing, the AOBRD must retain the original entries, and reflect the date, time, and name of the person making any edit. The motor carrier must also retain both the original and edited record of duty status. The Agency revises Question 2 of the Regulatory Guidance for § 395.15 to address all of these issues. DEPARTMENT OF COMMERCE PART 395—HOURS OF SERVICE OF DRIVERS SUMMARY: 59665 Replace the text of § 395.15 Question 2 with the following: ‘‘Question 2: May entries made on an automatic on-board recording device (AOBRD) be annotated? Guidance: Yes. (1) Within certain limits, a driver must be allowed to review his or her AOBRD records, annotate and correct inaccurate records, enter any missing information, and certify the accuracy of the information. (2) The AOBRD must retain the original entries, and reflect the date and time of an edit, and name of the person making the edit. If the driver has already ‘‘certified’’ the entries for the duty period, he or she must re-certify the edited version, which must be transmitted to the carrier. (3) ‘‘Driving time’’ may not be edited except in the case of unidentified or team drivers, and when driving time was assigned to the wrong driver or no driver. Such time may be reassigned to the correct driver. (4) After reviewing incoming records, drivers’ supervisors may request that a driver make edits to correct errors. The driver must accept or reject such requests and the AOBRD must record the transaction. If the driver annotates the record based on the request, he or she must re-submit and re-certify the corrected record.’’ ■ Issued on: September 25, 2015. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2015–25135 Filed 10–1–15; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00117 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100217095–2081–04] RIN 0648–XE217 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational Accountability Measure and Closure for Red Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; accountability measures. AGENCY: NMFS implements accountability measures (AMs) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2015 fishing year through this temporary rule. NMFS projects the recreational sector will reach the recreational annual catch limit (ACL) by October 7, 2015. Therefore, the red grouper recreational sector in the Gulf EEZ will close at 12:01 a.m., local time, October 8, 2015. This closure is necessary to protect the Gulf red grouper resource. DATES: The recreational sector closure for red grouper in the Gulf EEZ is effective at 12:01 a.m., local time, October 8, 2015, until January 1, 2016. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727–824–5305, email: rich.malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which includes red grouper, is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). All weights specified in this rule are in gutted weight. In accordance with regulations at 50 CFR 622.41(e)(2)(i), if red grouper recreational landings reach or are projected to reach the recreational ACL and without regard to overfished status, NMFS will close the red grouper recreational sector in the Gulf EEZ for the remainder of the fishing year by filing a notification to that effect with the Office of the Federal Register. The E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59664-59665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25135]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395


Hours of Service for Drivers: Regulatory Guidance Concerning the 
Editing of Automatic On-Board Recording Device (AOBRD) Information

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of regulatory guidance.

-----------------------------------------------------------------------

SUMMARY: FMCSA issues regulatory guidance concerning the editing of 
records created by automatic on-board recording devices (AOBRDs). The 
guidance makes clear that, within certain limits, a driver must be 
allowed to review his or her AOBRD records, annotate and correct 
inaccurate records, enter any missing information, and certify the 
accuracy of the information. The AOBRD must retain the original 
entries, and reflect the date, time, and name of the person making 
edits to the information. Drivers' supervisors may request that a 
driver make edits to correct errors, but the driver must accept or 
reject such requests. Driving time may not be edited except in the case 
of unidentified or team drivers, and when driving time was assigned to 
the wrong driver or no driver. All prior Agency interpretations and 
regulatory guidance on this subject, including memoranda and letters, 
may no longer be relied upon to the extent they are inconsistent with 
this guidance.

DATES: This regulatory guidance is effective October 2, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and 
Carrier Operations Division, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590, phone (202) 366-4325, email 
MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION: 

Legal Basis

    The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 
Stat. 2832, October 30, 1984) (1984 Act), as amended (codified at 49 
U.S.C. 31136(a)) authorizes the Secretary of Transportation to regulate 
commercial motor vehicles (CMVs) and equipment, and the drivers and 
motor carriers that operate them. Section 211 of the 1984 Act also 
gives the Secretary broad power to ``prescribe recordkeeping and 
reporting requirements'' and to ``perform other acts the Secretary 
considers appropriate'' (49 U.S.C. 31133(a)(8) and (10)). The 
Administrator of FMCSA has been delegated authority under 49 CFR 
1.87(f) to carry out the functions vested in the Secretary by 49 U.S.C. 
chapter 311, subchapters I and III, relating to CMV programs and safety 
regulation.

Background

    Motor carriers began to use automated hours-of-service (HOS) 
recording devices in the mid-1980s to replace paper records. The 
Federal Highway Administration, the agency then responsible for the 
motor carrier safety regulations, published a final rule in 1988 that 
defined Automatic On Board Recording Devices (AOBRDs) and set forth 
performance standards for their use (53 FR 38670, September 30, 1988, 
codified at 49 CFR 395.15).
    Question 2 of the regulatory guidance for Sec.  395.15 prohibits 
CMV drivers from ``amending'' AOBRD records of duty status (RODS) 
during a trip; the guidance was published on April 4, 1997 (65 FR 
16370, at 16426). The reason for the prohibition--``If drivers, who use 
automatic on-board recording devices, were allowed to amend their 
record of duty status while in transit,

[[Page 59665]]

legitimate amendments could not be distinguished from 
falsifications''--was to block a pathway for drivers to falsify their 
electronic records. At the time the guidance was written, most AOBRD 
systems required the driver to physically deliver his or her electronic 
HOS information to the motor carrier using removable media such as a 
data disk. The Agency may have been concerned that some of those early 
AOBRD systems might not have incorporated audit trails into their 
software.
    Over 25 years have passed since the AOBRD rule was published. Many 
systems now allow electronic transfer of data from in-cab units to a 
support system. Thousands of motor carriers and hundreds of thousands 
of drivers are using HOS recording systems that far exceed the minimum 
performance requirements for AOBRDs. Information technology systems can 
place very precise controls over the data revision; e.g., specific data 
elements can be ``locked'' to prevent any revision once an entry has 
been made. They also routinely incorporate audit trails to indicate who 
revised data that was originally entered, when the revision was made, 
and the reason for the change.
    FMCSA acknowledges that drivers need to be able to make legitimate 
corrections to their electronic AOBRD records. For example, if a driver 
erroneously enters ``off duty'' when he or she actually is on duty/not 
driving, and realizes this error later, under current guidance the 
driver would have to relay this information to a supervisory motor 
carrier official, and that official would need to edit the driver's 
record. In another example, a driver might need to enter on-duty 
activity performed when the driver was away from the CMV.
    With the steady increase in CMV drivers using AOBRDs, and the 
ability of software to note edits without deleting the original record, 
the need for a driver to make this request through another party is no 
longer necessary and is becoming increasing less viable. Therefore, as 
long as the AOBRD record reflects both the original entry and the 
revised entry, along with information on who made the revision, the 
date and time, and the reason (in the Remarks sections, see current 
Question 2 to Sec.  395.15), FMCSA will now allow these edits.
    However, FMCSA continues to prohibit drivers from editing records 
related to driving time, except in limited circumstances. Driving time 
may not be edited except in the case of unidentified or team drivers, 
and when driving time was assigned to the wrong driver or no driver. 
Such time may be reassigned to the correct driver. Staff of the motor 
carrier or its electronic systems provider may request that a driver 
make edits to correct errors. The driver must accept or reject such 
requests and the AOBRD must record the transaction. If the driver edits 
the record based on the request, he or she must re-submit and re-
certify the corrected record.
    In all instances of editing, the AOBRD must retain the original 
entries, and reflect the date, time, and name of the person making any 
edit. The motor carrier must also retain both the original and edited 
record of duty status.
    The Agency revises Question 2 of the Regulatory Guidance for Sec.  
395.15 to address all of these issues.

PART 395--HOURS OF SERVICE OF DRIVERS

0
Replace the text of Sec.  395.15 Question 2 with the following:
    ``Question 2: May entries made on an automatic on-board recording 
device (AOBRD) be annotated?
    Guidance: Yes.
    (1) Within certain limits, a driver must be allowed to review his 
or her AOBRD records, annotate and correct inaccurate records, enter 
any missing information, and certify the accuracy of the information.
    (2) The AOBRD must retain the original entries, and reflect the 
date and time of an edit, and name of the person making the edit. If 
the driver has already ``certified'' the entries for the duty period, 
he or she must re-certify the edited version, which must be transmitted 
to the carrier.
    (3) ``Driving time'' may not be edited except in the case of 
unidentified or team drivers, and when driving time was assigned to the 
wrong driver or no driver. Such time may be reassigned to the correct 
driver.
    (4) After reviewing incoming records, drivers' supervisors may 
request that a driver make edits to correct errors. The driver must 
accept or reject such requests and the AOBRD must record the 
transaction. If the driver annotates the record based on the request, 
he or she must re-submit and re-certify the corrected record.''

    Issued on: September 25, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-25135 Filed 10-1-15; 8:45 am]
BILLING CODE 4910-EX-P